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Calzado is found guilty of voluntary manslaughter in death of Fitchburg father in 2004

By Amanda Burke, aburke@sentinelandenterprise.com

Updated:
04/25/2018 09:30:16 AM EDT

Robin Calzado, 38, listens during the state's closing argument during his first-degree murder trial Tuesday. The jury found Calzado guilty of voluntary manslaughter after deliberating for about three hours. (SENTINEL & ENTERPRISE / AMANDA BURKE)

WORCESTER -- A jury found former Leominster man Robin Calzado guilty of voluntary manslaughter Tuesday in the stabbing death of Frederick Martinez on Main Street in Fitchburg 14 years ago, a district attorney spokesman said.

The jury returned the verdict finding Calzado, 38, guilty of the lesser charge of voluntary manslaughter at about 3 p.m. in Worcester Country Superior Court after deliberating for about three hours, said Paul Jarvey, a spokesman for the office of Worcester County District Attorney Joseph D. Early Jr.

Calzado was indicted on a first-degree murder charge in 2004 but had fled to the Dominican Republic where he remained until he was extradited to Massachusetts to stand trial in 2016.

The jury had the option of finding Calzado not guilty, guilty of first-degree murder, guilty of second-degree murder, or guilty of voluntary manslaughter.

In his closing statement Tuesday, Calzado's attorney John Bosk told the jury they should find that his client stabbed Martinez in the chest accidentally during a fight that occurred on lower Main Street on April 30, 2004.

He referred to parts of Calzado's testimony from last week when he took the stand in his own defense, saying that Calzado went on a fishing trip that day with his girlfriend and former roommate and then went to Fitchburg to pick up a takeout order.

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He said that the group double-parked near the Dream Team Barbershop on Main Street and Calzado, who two weeks prior had eye surgery and was experiencing a headache, got out of the car and Martinez walked up behind him and "sucker punched" him while Calzado walked on the sidewalk to pick up the food order.

Calzado, angry and in pain from the first punch, punched back then Martinez walked into the street and Calzado followed him and the altercation continued. Martinez then took Calzado's silver knife out of Calzado's pocket and then the men fought for control of the knife, Bosk said during his closing statement.

Calzado then pushed Martinez to the pavement and gained control of the knife, punched Martinez in the face then he stood up and walked back to the car where Carlos Medina, also known as Joel Dominguez, told him he had cut Martinez, and only then, Bosk argued, did Calzado realize he had stabbed Martinez.

Bosk said Calzado did not know he would encounter Martinez that day, had given up collecting a $2,000 debt Martinez owed him and never meant to stab him.

"This was clearly not a premeditated murder. This was a street fight that happened in an instant," said Bosk.

During his closing statement earlier on Tuesday, Assistant District Attorney Michael McHugh said Calzado committed first-degree murder then fled to the Dominican Republic after Martinez's death, had 14 years to make up a "Pinocchio" story about what happened on April 30.

McHugh said two impartial witnesses testified that Calzado chased Martinez down and was heard demanding that Martinez repay the money that day. He noted that the only witness who testified that Martinez gained control of Calzado's knife was Calzado.

McHugh noted evidence that Calzado left a voice message on the phone of his former girlfriend and witness for the prosecution Ciara Alcantara asking her to lie and say that the knife belonged to Martinez.

"Let me suggest in the strongest possible terms that this was due to guilt for having committed premeditated murder," said McHugh.

Calzado will be sentenced by Superior Court Judge Paul Wilson on Tuesday, May 1 at 9 a.m., Jarvey said.

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